Quiz 35: Employment Discrimination

Business

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Analysis whether there is an violation of Title VII of the 1964 Civil Rights Act, as amended in the given situations: (a) Title VII only applies to employers who have at least fifteen employees, labor unions operating hiring halls, employment agencies and government entities. In this case, T only has ten employees and is a consulting firm. Thus, it does not fall under any of the categories. (b) Here, Title VII would apply because there are over 15 employees. This is a discrimination based on race or national origin. Generally, an employer cannot discriminate based on race. In this case, to avoid liability, the employer needs to show that the standard of hiring African-Americans has a demonstrable relationship to their needs of the job in question. The employer should also consider the requirement of "African-American" versus those of African descent, because it could be argued that the employer is acting illegally by discriminating on the basis of birth country.

L's claim of racial discrimination can be for unintentional discrimination (disparate impact), an employer might defend against a claim of disparate impact discrimination. The reasoning behind can be that a practice that has a prejudiced effect is a business requirement/necessity. Here WBT can also claim the writing speed to be a business necessity for firing AL.

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